State Liability in Tort A Comparative Law Study

by Fairgrieve, Duncan

• ISBN13: 9780199258055
• ISBN10: 0199258058
• Format: Hardcover
• Copyright: 2003-05-08
• Publisher: Oxford University Press

Summary

This book examines the topical sphere of governmental liability in damages arguing that that there has been an important shift in the traditional English law approach as illustrated in a series of recent House of Lords decisions. A detailed analysis is made of the torts applying to publicbodies, including negligence, misfeasance in public office, nuisance and breach of statutory duty, as well as the influence of European human rights law and community law, with discussion of the availability of damages under the Human Rights Act 1998 and the impact of the controversial decision ofthe European Court of Human Rights in Osman v UK and the subsequent retreat in Z v UK. The discussion of state liability is also placed within the context of the evolving attitude of the courts to public law remedies, with a detailed reconsideration of the relationship between ultra vires andliability in damages. From a comparative law perspective, it is argued that contrary to orthodox doctrinal opinion there are many similarities in the English and French law of administrative liability, with parallels in the treatment of different types of loss, causation, finding of fault, andunderlying policy concerns. The author discusses the direction in which English law might now move, as well as analysing less orthodox sources of compensation such as the practice of the ombudsmen and statutory funds including the new French medical negligence compensation scheme.

Author Biography

Duncan Fairgrieve is Fellow in Comparative Law at the British Institute of International and Comparative Law, London; and Maitre de Conferences a L'Institut d'Etudes Politiques, Paris.

Table of Contents

General Introduction

Overview of State Liability in English and French Law

Public Law Unlawfulness and Liability in Damages

Beyond Illegality: Liability for Fault in English and French Law

Lawfully Caused Loss

Assessing the Causal Link

Damage and Compensation

Alternative Means of Redress

General Conclusion

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